In an unprecedented step, the Madras High Court disposed of 212 long pending habeas corpus petitions (HCPs) relating to detentions under the stringent Goondas Act on a day single day on June 14.
Even though the day was a regular holiday for the court, a special sitting of a division bench, comprising Justice V Dhanapalan and Justice G. Chokkalingam, was held for the disposal of the habeas corpus petitions filed by the detenue over a period of time seeking to set aside their detentions. Altogether 543 petitions were listed for hearing on the day. The bench started hearing at 10.30 AM and before 2.00 PM 220 petitions were heard and verdict delivered.
The bench allowed 157 habeas corpus petitions, closed another 55 based on the government’s contention that these detention orders were revoked by the Board constituted by it to review them. Hearing on the remaining petitions have been posted for the next week due to insufficient documents and relatives of the detenues not turning up on the day.
The court took up the HCPs in the wake of a PIL filed by advocate P. Pughalenthi, also the Director of Prisoners Rights Forum, praying for constitution of a special bench for the disposal of the petitions.
The petitioner referred to an agitation by the prisoners in the Puzhal Central Prison here in April last against their continued detention and submitted that even though the total detention period under the Act was 12 months, they cannot be forced to complete the entire period when they have approached the court by means of petition under article 226 of Constitution challenging the detention orders.
The petitioner further alleged that when a detenue was forced to undergo more than half of the period of total detention in prison due to non-availability of Judges or due to the pendency of his case in the court for any reason whatsoever, his right of speedy justice was grossly violated. He further claimed non-constitution of a special bench for deciding all these HCPs would be violative of Articles 14 and 21 of Constitution.
This news exposes the hollowness of the ADMK regime in invoking the Goondas Act, which is usually invoked against habitual offenders. Despite detaining so many under this Act purportedly to prevent occurrence of crimes, there is no respite from crimes like murders, thefts, robberies, sexual violence, cyber crimes, video piracies etc., in the State.
The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Slum-grabbers and Video Pirates Act (Tamil Nadu Act 14 of 1982; “Video Pirates” was added by Act 32 of 2004), Section 2(f) states “goonda means a person, who either by himself or as a member of or leader of a gang habitually commits, or attempts to commit or abets the commission of offence, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act XLV of 1860)”.
This provision was introduced by ADMK founder MGR when he was Chief Minister in 1982.
The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Slum-grabbers and Video Pirates Act (Tamil Nadu Act 14 of 1982; “Video Pirates” was added by Act 32 of 2004), Section 2(f) states “goonda means a person, who either by himself or as a member of or leader of a gang habitually commits, or attempts to commit or abets the commission of offence, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act XLV of 1860)”.
In September 2011, Kalaignar said in a statement, “Persons causing disturbance to law and order, those indulging in flesh trade, kidnap and illicit liquor can be detained under this and cannot seek bail immediately. They have to remain in prison for one year. In the first 100 days of the ADMK rule, 323 persons have been detained under Goondas Act”.
The detention of so many persons under the Act must have been possible only if there was a sudden spurt in incidents of crime or that the Act must have been “misused”.
“Basically, Goondas Act is against human rights. Considerable thought should be given before imposing it. But one cannot understand how a provision that has to be imposed on hardened criminals is used indiscriminately”.
Ever since the ADMK came to power in May 2011, this preventive detention law is being used thoughtlessly only to be regularly quashed by the High Court. The total inefficiency and indifference of the police and law departments of the ADMK government has been exposed with the High Court on a single day disposing of 212 long pending habeas corpus petitions (HCPs) relating to detentions under the stringent Goondas Act. r
No comments:
Post a Comment